By DAVID NICHOL
T-H Staff Writer
In a hearing which began this morning in Chancery Court, and was continuing at deadline, attorneys gave opening statements on both sides on whether a Calvary Christian High School student should be allowed to return to school.
The student in question was recently expelled, or in the Calvary parlance, disenrolled. The parents of the student asked for and received a restraining order from Judge Bentley Story, allowing the student to continue class at least until today's hearing, which was held before Judge Kathleen Bell.
Attorney Richard Proctor of Wynne, representing the parents and their son, opened by saying that the family had been supporters of the school for many years. He also said the family was required to sign a form stating they would not question the operation of the school.
"The form is vague and cannot be considered a contract," claimed Proctor.
Proctor went on to say that Calvary Christian School has been deteriorating in many ways over the years.
"There have been 11 different administrators over the past 15 or 16 years. Enrollment has declined, spirituality has deteriorated and, my clients believe, academics have deteriorated," said Proctor. "My clients feel they have a say-so" in how the school is run.
Proctor said that the student, who is a junior, is vice president of the student body, is a straight-A student, is in line to be valedictorian and is a member of the basketball team. He said all of this would be lost if he was not allowed to return to Calvary.
"These things can never be given back to a boy who is 17," he said. "No amount of money can repay that."
He blamed a personality conflict between and administrator and the mother of the student. He also stated that the parents have only been trying to improve the school.
"It boils down to this -- if they can get rid of (the student), their troubles are over. Because if they get rid of him, they get rid of his parents," Proctor said.
Chris Morledge, attorney for the school, said there was no real proof that irreparable harm was being done to the student.
"The issue is not whether there is a personality conflict," he said. "It is simply, can the plaintiff carry the burden of proof of irreparable harm to (the student) by not allowing him to return to school."
He also stated that Calvary is not a public school.
"This is a private, not-for-profit operation," he said. "It is a business, just as Wal-Mart is a business. It happens that the business of Calvary Christian School is educating children."
As such, Morledge claimed, the student was not entitled to due process. He then went on to say that irreparable harm means something which cannot be fixed, and he went on to recount that the student made straight-A's, that he was on the basketball team, etc.
"While interesting, they do not form the basis of irreparable harm," he said. He went on to say that the student can enroll in Forrest City High School.
"He could enroll yesterday, today or tomorrow," he said. "He has an education right. But that educational right lies in Forrest City High School. It is a privilege to attend Calvary Christian School. It is a privilege to attend any private school."
He further said that it is merely speculation that he could not continue to make straight-A's at Forrest City High School, or that he would continue to make them at Calvary. He said it was also speculation that he would be valedictorian at Calvary, or be on the basketball team. He also said it was speculation that he would not be able to be on the basketball team at FCHS.
"If the child is allowed to attend another school, there is not irreparable harm," he said.
Morledge also challenged an allegation of breach of contract, claiming that the contract had been breached by the plaintiffs.
Several witnesses were due to be called.
By DAVID NICHOL
T-H Staff Writer
The Forrest City Water Commission on Tuesday discussed a new roof for the building, and also discussed a request for land from the Forrest City Area Humane Society.
Jim Beazley, director of the Water Utility, asked that the commission consider a pitched roof.
"It may cost more money, but we'll get rid of this flat roof," Beazley said, adding that in the long run a pitched roof could save money. "We've had trouble with that roof since day one."
Jimmy King, chairman of the commission, agreed.
"I hate a flat roof," he said. "And when you put down a ball park figure (on a pitched roof), it's not going be very much different whether you put a metal roof on it or shingles."
The commission had been considering a new rubberized flat roof.
On another matter, Beazley showed the commissioners an aerial photo with two possible sites for a new humane shelter.
Beazley had a letter from the Humane Society concerning the area. On the photo, he indicated the two areas, one near the entrance to the water plant and the other near the back of the property.
"They need a place to put their animal shelter," he said. "They've been hunting hard. They came around and we were looking around, not necessarily at our property. But there are two possibilities (at the water plant on Sanyo Road)."
He said the Water Utility has another possible site, but the Humane Society is less interested.
"We've got a good site at the wastewater treatment plant," he continued. "We've got plenty of room and it would be a good place. But it's too far out for them. They need a place that people can get to easily. They're trying to get a nice place that is somewhat visible."
However, commissioners were not enthusiastic about locating the shelter at the Sanyo Road site.
King said he was afraid there would be negative public feedback.
Beazley said there would be no threat to water safety at the water treatment plant.
"It would be no more danger here than it would be any other place in town," he said, adding that the shelter would be state-of-the-art, clean and odor-free.
"It's just the idea," said King, however. "It may not be posing a threat, but it's just the idea of the water plant being right there. It's the mental part of it...If it goes there (at the water plant), we're going to get phone calls."
Beazley said, "When it comes to push come to shove, it (the wastewater treatment plant) might be acceptable...But they are trying to get more dogs adopted."
In the end, it was the consensus of the members to suggest a site at the wastewater treatment plant rather than the water plant.
On another subject, the commission agreed to seek bids on the painting of the city's 1.6 million gallon stand pipe. The job had been bid out once before, and there were no acceptable bids.
The commission also agreed to seek bids on three new vehicles. One of the vehicles to be replaced will be given to the Parks and Recreation Department.
Also, at the request of King, the commissioners agreed to consider moving their meetings to 5 p.m. instead of in the morning.
By CRYSTAL HOLLIS
T-H Staff Writer
The Forrest City Planning Commission has granted preliminary plat approval for a new manufactured housing subdivision in Forrest City, provided the company submitting the proposal makes certain modifications.
The subdivision, to be called Downs Village and located on Highway 70 West at Day Street, will consist of 16 lots. Paul Gunn, a representative for Diacom of America, discussed the project with commissioners during the group's regular meeting Tuesday afternoon.
Gunn is expected to discuss the project with the Forrest City City Council at its next meeting set for Tuesday, Feb. 5.
Commissioners suggested Gunn submit changes such as easements for utilities, drainage easements, sidewalk placement and street lights. Changes are necessary for some, but not all, of the lots.
Commission Chairman Danny Capps questioned Gunn regarding a new street light ordinance adopted in December making developers responsible for placing street lights at intersections in new subdivisions. Capps also expressed some concern about drainage easements, particularly a ditch that runs through one lot in the proposed subdivision.
Gunn said there would be a street light at the intersection of proposed Moore and Down Streets in the subdivision, and a culvert is planned for the lot.
According to Gunn, sidewalks are in the plans for the internal lots, and that Diacom would not have a problem placing sidewalks on the remaining lots.
The Arkansas House and Senate Interim Committees on Public Transport will meet Thursday, Jan. 24, at the Forrest City Civic Center.
The meeting will begin at 3 p.m.
Several issues of interest in the St. Francis County area are among the agenda items.
The group will discuss a study on the feasibility of issuing special license plates for various civic groups to recognize their public service efforts
Arkansas Highway and Transportation Department Director Dan Flowers will also discuss highway issues in the Forrest City area..
Sen. Alvin Simes is chairman of the Senate committee. Rep. Jerry Allison is chairman of the House committee.
The Crowley's Ridge Development Council Inc., has scheduled a series of public hearings throughout its eight-county area as part of an annual assessment regarding the needs of the low-income residents of those counties.
The hearing in St. Francis County is scheduled for Thursday, Feb. 28, at 5:30 p.m., in the quorum court meeting room at the St. Francis County Courthouse.
Residents may attend the meeting to offer comments and input regarding the expenditure of Community Development Block Grant funds by CRDC.
In addition, survey forms are being distributed throughout the CRDC's local offices, and head start and senior centers, county courthouses and offices of the Arkansas Department of Human Services.
The information gathered during the hearings and from the surveys will be used to plan the use of CSBG funds for 2003.
The CRDC serves residents in St. Francis, Woodruff, Crittenden, Greene, Cross, Jackson, Craighead and Poinsett counties.